Writ Conference
Tuesday, Nov. 28
1. State of West Virginia v. Dwight W. Keefer, No. 062715 (Filed 10/13/06)
Defendant, convicted of Operating a Clandestine Drug Lab and two counts of Possession of Child Pornography by Alford plea, appeals circuit court order denying his motion for alternative sentence of home confinement and subsequent order denying his Rule 35(b) motion for reduction of sentence through alternative sentencing.
2. State of West Virginia v. Maren W. Stark, No. 062740 (Filed 10/18/06)
Defendant, convicted by magistrate court jury of False Reporting of an Emergency, appeals circuit court order sentencing her to pay a $300 fine and to a suspended six month jail sentence and one year probation, arguing that the evidence before the jury was insufficient due to inconsistencies in the testimony of the witnesses for the State of West Virginia to support her conviction.
3. State of West Virginia v. Daniel Lee Butler, No. 062780 (Filed 10/23/06)
Defendant, convicted by guilty plea of Aggravated Robbery, appeals circuit court order sentencing him to serve 15 years, arguing that the circuit court violated proportionality requirements by giving him an excessive sentence.
4. Carolyn S. Hart v. Motion Industries, Inc., No. 062469 9/11/06)
Plaintiff below appeals circuit court order granting summary judgment in her suit against her employer, arguing that the circuit court improperly concluded that her employer had not breached a duty to Plaintiff by employing a co-worker who Plaintiff alleged had poor performance which resulted in stress on Plaintiff causing nervous breakdown.
5. SER James Pennington v. Thomas McBride, Warden, No. 062497 (Filed 9/13/06)
Defendant, convicted by guilty plea of two counts of Second Degree Sexual Assault and sentenced to serve consecutive 10-25 year terms in prison, appeals circuit court order denying his petition for habeas corpus relief.
6. SER Richard L. Lawson v. Thomas McBride, Warden, No. 062587 (Filed 9/22/06)
Petitioner, sentenced to Life without Mercy following First Degree Murder conviction and other convictions, appeals circuit court order summarily denying habeas corpus petition seeking consideration of Zain III issues.
7. William J. Ocheltree v. Marsha Ocheltree, No. 062605 (Filed 9/26/06)
Defendant in real property case appeals circuit court order granting default judgment to Plaintiffs, arguing that she did not receive proper notice and services in the underlying case.
8. Bharati & Arvind Patel v. Patrick S. Cassidy & J. Kevin Flanagan, No. 062664 (Filed 10/6/06)
Plaintiffs appeal circuit court order dismissing their complaint against defendant attorneys for professional negligence, malicious prosecution, fraud and defamation based upon the actions occurring in sexual harassment lawsuit against Plaintiffs in Ohio.
9. Rita May Louk v. Serge Cormier, M.D., No. 062782 (Filed 10/24/06)
In medical malpractice case which was returned to circuit court for retrial by WVSCA, Plaintiff appeals circuit court order denying her motion for new trial following defense verdict upon retrial.
10. SER Billy J. Jarrell, Jr. v. Hon. Eric O'Briant, No. 062638 (Filed 9/29/06)
Defendant seeks issuance of a writ of mandamus arguing that circuit court has failed to act in a timely fashion upon his pending petition for writ of habeas corpus.
11. SER Harvey P. Short v. John McKay, No. 062770 (Filed 10/20/06)
Defendant seeks issuance of a writ of habeas corpus alleging that his court appointed counsel disclosed privileged information to prosecutor's office in violation his 6th Amendment rights.
12. SER John A. Scites, Jr. v. Jay Hoke, Judge, No. 062149 (Filed 8/7/06)
Defendant whose direct criminal appeal of his conviction of Second Degree Sexual Assault was granted by this Court and remanded for consideration of error by circuit court, seeks issuance of a writ of mandamus against circuit court to enter a final ruling on the issue remanded by this Court.
13. SER Corey A. Moore v. James Rubenstein, DOC Comm'r, No. 062841 (Filed 10/24/06)
Prisoner seeks issuance of a writ of mandamus to require dismissal of Possession of Marijuana charge, alleging factual innocence of the charge of Possession of Marijuana based upon affidavit of co-Defendant indicating that prisoner is innocent and admitting that all the marijuana was his.
14. SER Charles Prunty, Jr. v. Hon. Arthur Gustke, Judge, No. 062828 (Filed 10/26/06)
Prisoner seeks issuance of writ of mandamus against circuit court for failure to address his petition to allow his appearance before Grand Jury.
15. SER Gregory W. Fritzman v. Marshall County Circuit Court, No. 063032 (Filed 11/8/06)
Defendant convicted by guilty plea of multiple sexual offenses seeks issuance of a writ of mandamus against circuit court to obtain appointment of new counsel in underlying habeas corpus action.
16. SER Brenda J. Watton v. Hon. Irene Berger, No. 062975 (Filed 11/3/06)
Defendant seeks issuance of a writ of mandamus arguing that the circuit court has failed to enter timely orders reflecting the court's rulings on various pending motions.
17. In the Matter of: Erika G., No. 062685 and No. 06-126 (Filed 10/11/06)
DHHR appeals circuit court order in an abuse and neglect proceeding which ordered DHHR to subsidize a legal guardianship for the child with grandparents whose home is not approved by DHHR.
18. In the Matter of: Kenneth K., Betty N.K., and Audrey N.K., No. 062753 (Filed 10/19/06)
Mother appeals circuit court order terminating her parental rights and denying post-termination visitation.
19. In the Matter of: Christopher P. & Tyler P., Bonnie R. and Justin W., No. 062819 (Filed 10/26/06)
Mother appeals circuit court order terminating her parental rights.
20. In the Matter of: Alie Jane C. & Robert C., No. 062877 (Filed 10/30/06)
Mother appeals circuit court order terminating her parental rights.
21. In the Matter of: Daniel H., Holley H., Shawn H., Breanna H., Joseph and Raven R., No. 062913 (Filed 11/1/06)
Mother appeals circuit court order terminating her parental rights.
22. State of West Virginia v. Richard L. Smith, No. 062667 (Filed 10/6/06)
The Petitioner seeks an appeal of his conviction for 6 sexual offenses (of 3 victims) on two separate trials with an effective sentence of 25-60 years and of the recidivist proceeding where an additional five years was added to the sentence.
23. State of West Virginia v. Frederick Bennett, No. 062727 (Filed 10/16/06)
The Petitioner seeks an appeal of his conviction and sentence for wanton endangerment involving a firearm and brandishing a firearm. He was sentenced to four years for wanton endangerment and to a concurrent one year sentence on the brandishing.
24. State of West Virginia v. Roynal L. Walker, No. 062752 (Filed 10/19/06)
The Petitioner seeks an appeal of his conviction for 1st degree murder where he was sentenced to life without mercy.
25. SER Jackie M. Martin v. Michael Coleman, Warden, No. 062526 (Filed 9/18/06)
The Petitioner seeks an appeal of the circuit court's (May 1, 2006) order that denied his habeas petition. He seeks a dismissal of charges or a new trial and re-sentencing.
26. SER 1 Starr Dalton v. Thomas McBride, Warden, No. 062840 (Filed 6/12/06)
The Petitioner seeks habeas relief claiming that he is currently, unlawfully placed in administrative segregation at Mt. Olive.
27. SER James A. Gillaspie, Sr. v. State of West Virginia, No. 062546 (Filed 9/19/06)
The Petitioner seeks a dismissal of all his indictments and convictions in nine prior cases. He claims that he is subject to unlawful confinement as a result.
28. SER Tony Gerlach v. Alfred E. Ferguson, Judge, No. 052046 (Filed 9/13/05)
The Petitioner requests a writ of mandamus be issued against the circuit court to compel the court to take action on his habeas corpus petition.
29. SER James F. Pipes v. Berkeley County Circuit Court, No. 061581 (Filed 6/13/06)
The Petitioner seeks a mandamus requiring the circuit court to take action on his motions and to have a habeas hearing. He requests that an out of state attorney be appointed or one not in the Eastern Panhandle.
30. SER Justin Southworth v. James Rubenstein, Commissioner, No. 062406 (Filed 9/5/06)
The Petitioner seeks transferred from the regional jail to the penitentiary so he can serve his sentence in a DOC facility.
31. SER John Moss, III v. Louis Bloom, Judge, No. 062473 (Filed 9/11/06)
The Petitioner seeks a mandamus to require the circuit court to take action on his habeas petition filed under Zain III and to appoint counsel.
32. In the Matter of: Jonathan H. and Nathan H., No. 062468 (Filed 9/11/06)
Petitioners seek an appeal of the circuit court's (May 17, 2006) order that terminated their parental rights.
33. In the Matter of: Jessica C. A.; Sierra L.; & Colton L., No. 062591 (Filed 9/22/06)
The Petitioner seeks an appeal of the circuit court's orders that found him to be an abusing and neglecting parent and the order that terminated his parental rights.
34. In the Matter of: Autumn S.; Randy S.; Riana S. & Antoinne M., No. 062687 (Filed 10/11/06)
The Petitioner/Father seeks an appeal of the circuit court's (February 7, 2006) order that terminated his parental rights. He requests a remand to the circuit court with instructions to grant an improvement period.
35. In the Matter of: Michael D.M., Elizabeth A.M., Anthony D.P., Kaitlyn R.P., & Christa M. W., No. 062717 (Filed 10/13/06)
The Petitioner/Father seeks an appeal of the circuit court's (July 13, 2006) order that terminated his parental rights.
Rehearing Conference
Tuesday, Nov. 28
1. Edson R. Arneault v. Margaret Beth Arneault, No. 32865. (W.Va. Oct. 5, 2006)
(Davis, C.J. ) (Albright, J. and Benjamin, J. concur) (Starcher, J. concurs in part, and dissents, in part) (Maynard, J. dissents).
